John Robert Lees v. Hui Yat Sing and Another

Read the full judgment text of CACV 277/2007 on BabelCite. This Court of Appeal judgment was delivered on 16 October 2007.

1. This is an application for security for costs.  The simple point in this case, as far as I can see, is that if I were to order security for costs it would stifle the appeal.  The approach which I adopt is that I do not make such an order in relation to litigants in person if I can see that there is some merit in the appeal.

Case No.CACV 277/2007
Court
Court of Appeal
Date16 Oct 2007
Judge
Case Document
100%Judiciary

cacv 277/2007

in the high court of the

hong kong special administrative region

court of appeal

civil appeal no. 277 of 2007

(on appeal from HCMP NO. 5714 of 2001)

______________________

BETWEEN

  JOHN ROBERT LEES, Receiver
  THE SOLE RECEIVER APPOINTED PURSUANT TO THE ORDER OF THE HONOURABLE MR JUSTICE GALL OF 17 NOVEMBER 2003  
  and  
  HUI YAT SING 8th Respondent
  WONG SUET MUI 9th Respondent

______________________

Before: Hon Rogers VP in Chambers

Date of Hearing: 16 October 2007

Date of Decision: 16 October 2007

______________________

D E C I S I O N

______________________

Hon Rogers VP:

1.This is an application for security for costs.  The simple point in this case, as far as I can see, is that if I were to order security for costs it would stifle the appeal.  The approach which I adopt is that I do not make such an order in relation to litigants in person if I can see that there is some merit in the appeal. 

2.At the moment, as far as I can see, there is some reason that this appeal should go ahead.  I say no more than that.  I consider that there is some merit in this appeal, from what I can see on the papers, and therefore I do not consider that this is an appropriate case to order security for costs. 

(Submission re costs)

3.I think the costs should be to the 8th and 9th respondents. 

  (Anthony Rogers)
Vice-President

Mr Andrew Sheppard, instructed by Messrs Tanner De Witt, for the Receiver/Respondent

Mr Arthur Wong, instructed by Messrs Angus Tse, Yuen & To, for the 8th and 9th Respondents/Appellants

Other Judgments in This Case

Further hearings and rulings under CACV 277/2007